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Pending court cases in India have increased over the past year, straining the already overburdened judicial system. The coronavirus pandemic and the restrictions imposed due to it have also adversely affected the functioning of the judiciary, leading to pending cases reaching an all-time peak.   According to the National Judicial Data Grid (NJDG), 3.81 crore cases are pending in various district and taluka courts across India. More than one lakh cases are pending for over 30 years. Last month, 14.80 lakh cases were filed, while the number of decided cases stood at 10.77 lakh. In district courts, the backlog of cases saw a sharp increase of 18.2% between December 31, 2019, and December 31, 2020. Between 2018 and 2019, the rise was 7.79% and the year before that, 11.6%. In 25 High Courts, pendency increased by 20.4% in 2019-20 and 5.29% in 2018-2019. In the apex court, pendency rose 10.35% from 60,469 cases on March 1, 2020 to 66,727 on March 1, 2021. This increase is the highest since

The Kerala High Court on Tuesday dismissed the petition of a teacher observing that it is not expected of a teacher to file a frivolous writ petition due to personal animosity. The petitioner, Vivekanandan K.S., had moved the Kerala High Court seeking a direction to police to investigate the role of six relatives of his in the death of his paternal aunt Bhargavi on November 15, 2019. The petitioner had requested police to investigate if there had been foul play behind her death but it didn’t end in a probe, which is when the petitioner approached the High Court. The petitioner’s aunt Bhargavi was a spinster and had assets in the form of immovable properties and cash deposits. Throughout her life, Bhargavi had stayed with the petitioner’s parents. On 24.01.1992, Bhargavi had executed a will bequeathing all her properties to the petitioner. On 14.03.2000, she executed a second Will, bequeathing the properties to the children to be born to the petitioner and reserved the petitioner’s ri

A special CBI court on Wednesday discharged the last three accused in the 2004 Ishrat Jahan encounter case. The three accused were Indian Police Service officer G.L. Singhal, State Reserve Police Commando Anaju Chaudhary and retired Director General of Police Tarun Barot. The three police officials had filed the discharge applications on March 20. While delivering order, the court said it is clear that the act which is alleged to have been done by the accused was in discharge of their duties or purported to be in discharge of their duties.   Stressing that there was no question of any fake encounter on part of any such police officer, the court observed that seriousness and gravity of information cannot be ignored by high rank police officers and that they are always dedicated to their duties. The CBI had named seven in the case – Singhal, Barot, Chaudhary, retired officer J.G. Parmar, former police officers D.G. Vanzara, N.K. Amin and P.P. Pandey. Commando Mohan Kalasava had died b

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The Election Commission on Tuesday told the Madras High Court that Electronic Voting Machines cannot be tampered with by any Wi-Fi, radio or any other electronic devices. Promising safe and secure means of having a free and fair election, the poll body claimed these devices are not capable of interfering with EVMs. The Commission made the submissions in its counter-affidavit, filed in response to the Court’s queries on a petition moved by the DMK for directions to ensure free and fair elections to the Legislative Assembly. Tamil Nadu votes on April 6. After recording the EC’s assurances on various fronts, including the security of EVMs, video surveillance of polling stations, VVPAT counting and the age of voting machines to be used, the bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy disposed of the petition. “It is hoped that this day next week will pass of as peacefully and uneventfully as today seems to be going. However, the Election Commission should

The Allahabad High Court has recently ordered the issuance of appointment letters in a month to selected teachers who underwent teachers’ training after Intermediate, considering the diploma or degree holders of teacher training as eligible for appointment to the post of assistant. A Single-Judge Bench of Justice Salil Kumar Rai passed this order while hearing a writ petition filed by Soni and 2 others. The petition has been filed praying for a writ of mandamus commanding the respondents to issue appointment letters in favour of the petitioners to the post of Assistant Teacher in Primary School in District Mainpuri as a consequence of their having been selected for the said posts in Assistant Teacher Recruitment Examination-2019. Advocate Raghvendra Singh stated that the petitioners have obtained a Diploma Course in Elementary Teacher Education after completing their intermediate and did their graduation after obtaining the said diploma and, therefore, under Rule 2(1)(q) of the Utt

The Bombay High Court on Wednesday heard the petition filed by former Mumbai Police Commissioner Param Bir Singh against alleged malpractices by Maharashtra Home Minister Anil Deshmukh in which he has sought a CBI investigation. The Court while hearing the petition asked Singh why he didn’t file an FIR against the minister and why he didn’t approach the police or the CBI before bringing the matter to the courts. Bombay High Court Chief Justice Dipankar Dutta made these stern remarks during arguments and said no police officer, minister or politician is above the law. He said why should the law be set aside for a police commissioner. Singh should not view himself so high, the law is above him, Justice Dutta said. Contemplating whether Singh’s plea against Deshmukh is maintainable or not, the court said that it will address the matter on two aspects – is the PIL maintainable and can the court direct investigation without an FIR. Param Bir Singh, who was recently replaced as Mumbai Po

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By Devender Singh Aswal The National Commission for Allied and Healthcare Professions Bill, 2020 (NCAH Act) was passed by Parliament recently after a long and anxious wait, particularly by health professionals. The Act provides for regulation and maintenance of standards of education and services by allied and healthcare professionals, assessment of institutions, maintenance of a central and state register and creation of a system to improve access, R&D and adoption of latest scientific advancements. The Act defines an allied health professional as an associate, technician, or technologist trained to support the diagnosis and treatment of any illness, disease, injury or impairment. Dr Harsh Vardhan, minister for health and family welfare, explained the reasons and objects of the Bill: “I would say that most of you must have paid a visit to a hospital at some point of time in your life…. Please recall those days and remember the people who took care of you and brought you out of y

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By Maithili Shaan Katari Libby Guess the places where these occurred: A: One in 20 women has been raped here.  B: Every 16 minutes a woman is raped here. C: The highest prevalence rate of physical and sexual violence against women in Europe. D: 40,000 reported rape cases a year, of which only 10% lead to convictions. Answers: A is Europe, B is India, C is Denmark, and D is South Africa The issue here is about consent. Consensual sex requires consent. Intercourse without consent tantamounts to rape. This is fairly straightforward. This basic aspect appears to have been overlooked the world over. Spanish judges in 2018 had cleared five men (“the wolf pack”) of gangraping a teenager because they did not see any resistance from her. She said she froze in terror, but the judge did not accept this. Spontaneous protests by women broke out across Spain, with many saying they believed her, and they were her wolf pack. Spain had seen nothing like it, and within months, the government agr

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A Delhi court on Wednesday transferred the bail application filed by January 26 violence accused Punjabi actor Deep Sidhu after a jurisdictional issue cropped up as the matter came up for hearing. Additional Sessions Judge Deepak Dabas transferred the matter to District and Sessions Judge (Headquarters) to decide who will hear the matter. Noting that bail applications of the co-accused have been heard by other courts, Dabas said, “The said bail application be listed before the same court to avoid confusion. The matter shall be listed today at 2 pm before the District and Sessions Judge (HQ) for further directions.” The court has also asked the Delhi Police to respond to the bail application filed by Sidhu at the earliest. This was after the Investigation Officer from the Crime Branch apprised the court that seven co-accused persons have been granted bail by ASJ Charu Aggarwal. Appearing for Sidhu, Advocate Abhishek Gupta told the court that his client was at the wrong place at the

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The committee constituted on the agricultural laws submitted the sealed report to the Supreme Court. The opinion on the report submitted on March 19 is taken from the farmers’ organizations and experts. Supreme Court on Kaushambi-Ghaziabad route, a constitutional committee of Supreme Court said, a comprehensive traffic management plan for Kaushambi-Ghaziabad route is needed. Relief to BJP leaders accused in Muzaffarnagar riot case. MP-MLA court granted permission to withdraw cases filed against Sangeet Som, Sadhvi Prachi and other BJP leaders. Election Commission told Madras High Court, WI-FI or radio equipment also cannot tamper with EVM. CCTV coverage will be of unsafe polling stations. The post Video: SC on Kaushambi-Ghaziabad route, Election Commission on EVM appeared first on India Legal . from India Legal https://ift.tt/3m2YkFL

Attorney General of India K.K. Venugopal on Tuesday recused himself from permitting the initiation of contempt of court proceedings against former Supreme Court judge Justice Markandey Katju for making alleged contemptuous remarks in the Nirav Modi extradition case. The AG said that he has known Justice Katju for the last 16 years, it may not be appropriate for him to take any action in this matter. He asked the petitioner, Supreme Court lawyer Alakh Alok Srivastava, to place the request before Solicitor General Tushar Mehta. As per the Section 15 of the Contempt of Courts Act and Rule 3 of Rules to Regulate Proceedings for Contempt of Supreme Court, the consent of Attorney General or Solicitor General is required before the Apex Court can hear a criminal contempt petition filed by a private individual. Srivastava had to Venugopal on March 1, 2021, in which he alleged that Justice Katju had made extremely contemptuous remarks against the Indian judiciary in the Nirav Modi extraditio

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The three-member committee constituted by the Supreme Court on the farm laws has submitted its report to the Apex Court in a sealed envelope on Tuesday. The committee appointed by the Supreme Court comprise of Anil Ghanwat, Ashok Gulati and Pramod Joshi. Initially, the committee was constituted by the Supreme Court on January 11 as a 4-member committee with farmer leader Bhupinder Singh Mann, who withdrew his name. The Supreme Court had constituted the committee so that the court could get an unbiased opinion on the three agricultural laws. The court had sought an opinion from the committee on which provisions in the three agricultural laws are in the interest of the farmers and which provision may cause problems to farmers. Read Also: Delhi HC directs AIIMS to form panel to examine woman seeking abortion in view of complications The protesting farmers’ organizations are opposing this committee. They alleged that its members have already come out in support of the agricultural law

The Delhi High Court on Tuesday directed the All India Institute of Medical Sciences (AIIMS) to constitute a panel to examine a woman, who approached the court, seeking the termination of pregnancy as the foetus she’s carrying is suffering from facial hemorrhage and hydrocephalus. A single-judge bench of Justice Navin Chawla passed the directions while hearing a petition filed by the woman through Advocate Sneha Mukherjee. “The Medical Superintendent of AIIMS is directed to appoint a Board of Doctors to examine the  petitioner and give a report on the advisability of the petitioner undergoing Medical Termination of Pregnancy,” the bench said. Slating the matter for further hearing on April 5, the bench directed the woman to appear before the Medical Superintendent of the AIIMS tomorrow at 11 am. “AIIMS shall file the report of the Board of Doctors before this Court, on or before the next date of hearing,” it said. The plea claimed that the petitioner woman is in the 24th week of he

The Bombay High Court on Tuesday agreed to hear former Mumbai Police Commissioner Param Bir Singh’s plea seeking an impartial CBI inquiry against the alleged corrupt malpractices of Maharashtra Home Minister Anil Deshmukh. Advocate Vikram Nankani, appearing for Singh, on Tuesday mentioned the matter before the division bench of Chief Justice Dipankar Dutta and Justice G.S. Kulkarni. The court said that the plea will be heard on Wednesday. The plea seeks an immediate, unbiased, uninfluenced impartial and fair investigation under Article 226 of the Constitution against the various corrupt malpractices of Anil Deshmukh. Advocate Nankani said senior advocate Mukul Rohatgi, who represented Param Bir Singh, in Supreme Court is keen to address the court but it could be possible only if the hearing is done in hybrid mode, which allows both physical hearing and video conferencing. On the request, the court said, “We have received several recommendations for hybrid hearing but we have not yet

By Justice Kamaljit Singh Garewal The angel who took Surinder Nijjar to the pinnacle of the Bar, and then to the Bench, carried him to the Divine Court at the end of life’s long journey, lived with aplomb and style. After early years in village Bhar Singhpur near Phillaur, in rural Punjab, Surinder left the shores of India with his family at the tender age of 12. The Nijjar family had moved to Leeds in Yorkshire where Surinder received school education. He went on to study law at the University of London, was awarded LL.B. in 1972, and called to the Bar from the Middle Temple in 1975. Later, Justice Surinder Nijjar was elected Master Bencher of the Honourable Society of the Middle Temple in 2011, a great honour for an Indian judge. I had a long friendship with Surinder going back to the time I was a young lawyer in 1977 and he, an idealistic barrister who returned to his native land, armed with high qualifications, and determined to make a new life in Chandigarh. Our friendship grew

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By Dr KK Aggarwal It has been more than a year that a country wide lockdown was imposed. After a brief respite in early February 2021 when the number of new cases had significantly come down, there is again a sharp spike in infections. The numbers are escalating at an alarming pace. India is facing a second wave of the Covid-19 pandemic. The wave is stronger, earlier and likely to cross the first wave in numbers, but is expected to have half the mortality. As per a health ministry data, Maharashtra, Chhattisgarh, Karnataka, Punjab, Gujarat, Madhya Pradesh and Tamil Nadu have reported high number of daily new cases. Together, these seven states account for more than 81% of daily new cases reported in the last 24 hours. Maharashtra is the worst hit with 35,726 daily new cases, followed by Chhattisgarh with 3,162 cases and Karnataka, 2,886. Genome sequencing has revealed a new “double mutant” variant of the coronavirus in Maharashtra, in addition to other “variants of concern” that hav

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The Uttarakhand High court has directed the State Government to maintain the status quo on Shailesh Matiyani award for the year 2018. A single-judge bench of Justice Manoj K.Tiwari heard the petition filed by a retired teacher from District Almora who had challenged the said award for the year 2018, stating that the State Government has illegally deprived him of it. In a petition filed by Advocate Harpreet Singh Hora and Advocate Paritosh, it was argued that the petitioner has got the highest marks in the selection round for the year 2018 and the department sat over the file for long period without any reason. Later, the department illegally denied him the award vide office memo dated December 29, 2020. The State of Uttarakhand stated that he had already retired on May 31, 2020, and hence, it declared the award in favour of the second person on the merit list. Advocate Hora argued that the applicant was in active service during the whole academic year of 2018. Citing on an old judg

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The Supreme Court has upheld the conviction & life-term imprisonment of four in a murder case of a coolie while stating that findings of trial court leading to acquittal are perverse and erroneous, it is always open for appellate court to reverse such findings on reappreciation of evidence on record.  (Rajendra @ Rajappa & Ors Vs State of Karnataka)  A two-judge bench headed by Justices Sanjay Kishan Kaul and R. Subhash Reddy has pronounced its judgment on a appeal filed by the accused persons in a murder case of a coolie. The trial Court had acquitted them in the case but the High Court had revered the order of acquittal. All the accused were Chargesheeted by the Sessions court under sections 143, 147, 148, 324, 326, 307, 302 read with 149 of the Indian Penal Code. But the accused were acquitted by the Sessions Court. On the appeal by the state of Karnataka, the High Court had reversed the order of acquittal and convicted the accused for offences under 143, 148, 149, 324, 326